Post-Soviet Media Law & Policy Newsletter


Issue 24-25     Benjamin N. Cardozo School of Law     January 31, 1996 

Nazarbeyeva, President’s Daughter, Guides Kazakh TV News Organization

    In a newspaper interview, Dariga Nazarbayeva, head of the Khabar TV news agency and daughter of the Kazakh president, talked about the agency’s staffing, funding and the issue of censorship. She went on to outline her idea for the creation of a Kazakh TV channel which would be set up along the lines of Russian Public TV (ORT). The following are excerpts from an interview published by the Russian newspaper Nezavisimaya Gazeta’ on December 9:
    This is Dariga Nazarbayeva’s first appearance in the Russian press. And our interest in her does not stem at all from the fact that she is the daughter of Kazakhstan’s President Nursultan Nazarbayev.
    At the age of 32, Dariga successfully manages Khabar, Kazakhstan’s leading television news agency. It is this agency that provides the bulk of the news for national television, thus exerting a perceptible influence on society.
    Q:  How did you end up at Khabar?
    Nazarbayeva:  Before being invited to work in television, I had no journalistic experience. Therefore, when, at the beginning of last year 1994 , Leyla Beketova, former head of Kazakhstan’s television corporation, made me this offer, I thought about it for probably half a year. I asked my father for advice, and he said give it a try.
    Our mass media’s first reaction to my appointment was negative, to put it mildly. Arguments started flying about monopoly on television. People do not voice these fears anymore. Apparently our work has convinced people of something.
    Q:  Not everything was easy in all probability?
    A:  The first and main problem was the lack of professional staff. This is a common problem for the entire state television system in Kazakhstan. Because of low salaries—mine for instance is only 3,000 tenge—many professionals have left state television over the past few years. Some went over to commercial television, others moved to Moscow, and some went into advertising. We currently have a staff of 95. They are mainly people of my age. Of the older generation, only two or three professionals remained.
    Q:  How do you feel working with young people?
    A:  You know, it was more difficult for me to work with older people. In our culture, you respect those older than you and listen to them. I think, though, that young people, my peers, have a better grasp of the problems of our time and perceive them in the same way. Our policy is to attract young people. We particularly pin our hopes on the graduates of the KazGU Kazakhstan State University school of journalism, and not just in assessing this school’s students but actually working with them. But money remains a major stumbling block.
    Q:  By the way, your agency is funded from the state budget. Is this an ideal model for financing a news service?
    A:  I see several aspects to this question. Every country should have state television, whose task is to protect state and public interests . In this sense transferring television into a joint-stock company or into private ownership makes it unsuitable for the task. On the other hand, state television should not be poor, it cannot exist without budget support.
    Q:  Doesn’t state financing deprive you of journalistic independence?
    A:  I believe that television exists for viewers, speaks about their problems, expresses their interests. Objectivity is very important for television. It is sometimes difficult on a state channel. We are a publicly-financed organization, and once in a while we are reminded of this.
    Q:  Is there censorship of your material?
    A:  No. Not now. But in the beginning I did encounter this. I think they have simply written us off now. Sometimes they correct our texts, but mainly on style. My journalists cannot complain of censorship. Of course, nobody will permit us full freedom in broadcasting. There are certain boundaries that we must observe. It is rather like an inner censor at work.
    Q:  And how are your relations with the National Agency of Press and Mass Media Affairs?
    A:  You have just touched a sore spot. It looks as if the agency intends to subordinate state television to itself. I would rather not talk about it right now. Of course, I have my own opinion on this matter, but the question has not been settled yet.
    Q:  Would you like to create your own TV channel?
    A:  I would. But it should not be a service of the state TV. We need to create something similar to the Russian Public Television ORT channel. I know that there are a few people in Kazakhstan toying with this idea; it is in the air. I think it could be a joint stock company. I have asked ORT colleagues to send us all their charter materials and I am studying them now.
    Speaking of the time frame, perhaps this service could materialize within the next six months. This project depends on our ability to use Intelsat. As is known, the complete Intelsat-based television broadcasting system will only go on line in the summer of next year 1996 at the earliest. This would be an alternative channel broadcasting to the whole republic. I would like to bring in the best people from state television and work closely with independent commercial channels. That way, I think, we could form a combined channel that would be interesting for everyone.



New Moscow Center for Media Law and
Policy Studies Established in Moscow

    The Center for Media Law and Policy Studies will be opening its doors, shortly, at the Faculty of Journalism, MGU.  The project, funded by a USAID grant (through Internews and the Center for War, Peace and the News Media),  was designed primarily to encourage research, provide training to professionals, and to enhance the teaching of media law and policy in Russian law and journalism faculties.
    Andrei Richter, editor of this newsletter’s Russian counterpart, and a faculty member at the School of Journalism at MGU, is the first director of the project. He was a visiting research scholar at the Freedom Forum Media Studies Center at Columbia University and research director at the Russian- American Press and Information Center in Moscow,. He is establishing an advisory board in Russia and, as well, an international advisory panel.  Dean Yassen Zassoursky and Professor Monroe E. Price are co- chairs of the advisory board.
    One major objective of the Center is fostering the “rule of law” as part of the infrastructure of a free and independent press. Such a discipline, the Center argued, is necessary to establish a generation of media managers and executives, potential policymakers and legislators and researchers and a generation of faculty as well with a respect for the institutions of press freedom.
    The Center has strong ties to the press itself, partly through collaboration with the Glasnost Defence Foundation. Aleksei Simonov, head of the Foundation, was one of the architects of the Center.  The school for media law students, established by Simonov and Yuri Baturin, will be resuscitated as part of the Center’s activities.
    The Center has, as a major focus, training faculty at law and journalism schools throughout Russia so that they can offer media law and policy courses in their schools and work with media professionals in their areas.
    Last summer, in preparation for its official launch, the Center held its first training session for teachers of law and journalism students. A set of materials on Russian media law in a comparative perspective was developed by Professor Peter Krug of the University of Oklahoma.  This summer, there will be a second such session, with a further testing of the Krug casebook.
    The Center’s mandate is to include the development of teaching and training materials in what might be called “commercial media law,” including advertising law, intellectual property law , entertainment law and the legal and contractual aspects of the sale and organization of private stations and networks.
    In this sense, a founding principle is that the financial viability, sustainability and independence of Russian media is dependent, in large measure, on the legal structure that evolves. This includes the development of contract and private law practices that are healthy and enforceable, the establishment of patterns and customs that are necessary for financial viability and independence and for the evolution of a scholarly and objective tradition which yields knowledgeable managers in the private sector and a pool of informed government officials.
    The Center will encourage research on media law and policy issues through its own programs and conferences and through the Newsletter.  It will try to play in Moscow something of the role that is played by similar entities in the United States, such as the Institute for Tele-Information at Columbia, and media policy studies centers at Duke and the Annenberg School at the University of Pennsylvania.
    The Center is establishing relationships with other counterparts, such as the European Institute for the Media in Dusseldorf, the Institute for International Communications in London, the Institute for Information and Media Law at the University of Amsterdam, the Netcom Institute in Leipzig, the Audiovisual Observatory in Strasbourg and the International Institute of Communications in London and the Freedom Forum for Media Studies in New York. The Howard Squadron Program for Law, Media and Society at the Cardozo Law School is a founding partner of the Moscow Center.
    The genesis of the Center is complex.  Much of its origins lies in the work of the Commission on Radio and Television Policy (Carter Commission), directed by Professor Ellen Mickiewicz.  Mr. Richter was on the staff of the Commission and Professor Price was a member.  The Eurasia Fund provided grants that enabled early work in teaching and the development of the Russian language newsletter.  A number of publications are being planned.  A symposium in the Cardozo Arts and Entertainment Law Journal, scheduled to be published next month, deals with Russian media law issues, including a comprehensive study of defamation decisions.  The Center is also co- publishing a treatise on the Russian media law by Mikhail Fedotov.  This spring, the Center will publish the proceedings of its first conference, on possible amendments to the media law.  A book on the President’s Judicial Chamber on Information Disputes is being planned.  Consistent with its teaching program, the Center is commissioning materials in the media law and commercial media law areas.
    In the next months, the Center is planning small-scale conferences on such subjects as a new cable television law for Moscow, libel and defamation law in Russia, an anniversary symposium on the 1991 Media Law, and the recently instituted Russian advertising law.